The booking form will open in an new window clicking on the following link: Booking Form. Simply fill in the form, sign the booking form and email it to us (click on the "Submit booking form" button at the bottom of the page and it will automatically reach us). If you should have any questions, please do not hesitate to contact us, either by phone: +49-2223-908019 or email: email@example.com. Please read the following booking conditions and also the information in the section Selecting The Right House before booking. By signing and submitting the booking form, you and your party accept the booking conditions totally and unconditionally.
1.1 We, Bettina Röhrig's company Hidden Italy, Logebachstr. 5, 53639 Königswinter, Germany, tel: +49-2223-908019, act as an agency for the owners of carefully selected holiday homes in Tuscany and other parts of Italy. The terms set out below for the provision of private holiday accommodation through Hidden Italy (hereinafter referred to as the agency) govern the relationship between you and the agency.
1.2 In negotiations between you (hereinafter referred to as the customer) and the respective owners or tour operator letting the holiday accommodation (hereinafter referred to as the landlord) the agency acts on behalf of the landlord.
1.3 With regard to the permission to use the holiday property, the agency has full power of attorney on behalf of the landlord. This includes all legal transactions in relation to changing, formulating and dissolving the tenancy (including collection of the rental payment, termination/cancellation and increase or decrease of the rent).
2. BOOKING AND CONCLUSION OF CONTRACT
2.1 On sending the completed and signed booking form to the agency by email, the customer submits a binding offer for conclusion of a contract for the provision of and permission to use a holiday property on the basis of the following terms of contract.
2.2 Tour operators and landlords are not authorized by the agency to make arrangements, provide information or make any representations that alter the agreed content of the contract, exceed the contractually agreed services of the agency or conflict with the description of the holiday property.
2.3 Prospectuses and descriptions of holiday property that are not issued by the agency are not binding for the agency and its obligation to perform, unless they have been made the subject of the service description or the content of the obligation to perform by express agreement with the customer.
2.4 All people who will be staying at the property should be listed on the booking form (including children, infants and overnight visitors). The applicant is also responsible for registering the details of all other persons in the party, and the applicant is responsible for ensuring that the contractual obligations are met by all members of the party including the applicant him/herself.
2.5 The agency confirms the booking by sending a reservation confirmation, which is also an invoice, by email. The contract does not come into existence until the reservation confirmation/invoice has been sent.
2.6 Upon booking, the customer will be added to the newsletter distribution of the agency.
3. RENTAL PERIOD AND RENTAL CHARGE
3.1 The minimum rental period is usually one week (seven nights). Reservations normally run from Saturday to Saturday (unless other arrangements have been made). In the case of some holiday properties, the minimum rental period is two weeks (14 nights). Bookings for fewer than seven nights are possible for some holiday properties.
3.2 The prices are per rental property (not per person). Prices are for standard occupancy of the rental property - additional guests, insofar as they are allowed, are subject to an extra charge per person/per week.
4.1 A deposit of 50% of the total price is due immediately on conclusion of contract (when the reservation confirmation/invoice has been sent). On receipt of the payment, the customer receives a confirmation email. The customer must ensure, without being asked, that the balance is in the agency's account by 63 days (9 weeks) before the start of the rental period at the latest. If a holiday property is booked fewer than 63 days before the start of the rental period, a payment covering the full cost is due immediately on booking. The payment can be made by bank transfer or, for amounts up to EUR 4000, by credit card (Visa or Mastercard). In the case of amounts totalling more than EUR 4000, only payments by bank transfer are accepted. The choice of payment method - bank transfer or credit card payment - is included on the registration form and can be selected by the customer during the booking process.
4.2 Payment by bank transfer:
4.2.1 The agencys bank details are listed on the reservation confirmation/invoice. Please note all bank charges (for the person making the transfer and for the recipient) are to be borne by the customer. Payments have to be made exclusively in euro. A copy of the bank transfer document must be sent to the agency by fax or email within four days of the issuing date of the invoice.
4.2.2 If the payment has not been received from the customer within four days of receipt of the reservation confirmation/invoice and there is also no fax confirmation of the customers bank transfer document, the agency is entitled to withdraw from the contract after issuing a reminder with a deadline and to charge a fixed cancellation fee as per Clause 6.2.
4.2.3 If the outstanding balance has not been paid or paid in full by 63 days at the latest before the start of the rental period and if no fax confirmation of the customer's bank transfer document has been received, the agency is entitled to withdraw from the contract without notice and charge a fixed cancellation fee as per Clause 6.2.
4.2.4 In the case of short-notice bookings fewer than 63 days before the start of the rental period, if the total payment is not transferred immediately to the agency and if no fax confirmation of the customers bank transfer document has been received, the agency is also entitled to withdraw from the contract without issuing a reminder or setting a deadline and can charge a fixed cancellation fee as per Clause 6.2.
4.2.5 All travel documents, such as the rental voucher, address, directions to the property, etc. will be sent via email following receipt of the complete payment.
4.3 Payment by credit card (Visa or Mastercard):
4.3.1 Please note the agency does not assume the incurring credit card expenses amounting to 1,5%. The agency will add the percentage of 1.5% on top of the total sum.
4.3.2 Together with the reservation confirmation/invoice, the customer will be enabled to make secure online payment. Please note that the transaction will occur on the server with SSL encryption for secure transmission, and that verification of your credit card will be through a bank payment, which will validate the payment and record the card code, without the latter ever reaching the server of our agency. After the payment has been made, the customer will receive a confirmation email.
4.3.3 If the customer does not make the payment within two working days, the agency is entitled to withdraw from the contract after issuing a reminder and setting a deadline and can charge a fixed cancellation fee as per Clause 6.2.
4.3.4 The outstanding balance has to made by the customer on the due date. If the payment has not been made even after a reminder has been issued, the agent is entitled to withdraw from the contract without notice and can charge a fixed cancellation fee as per Clause 6.2.
4.3.5 In the case of short-notice bookings fewer than 63 days before the start of the rental period, if payment of the total amount has not been made, the agency is also entitled to withdraw from the contract without issuing a reminder or setting a deadline and can charge a fixed cancellation fee as per Clause 6.2.
4.3.6 All travel documents, such as the rental voucher, address, local telephone numbers, directions to the property, etc. will be sent via email following receipt of the complete payment.
5. SCOPE OF SERVICES
5.1 The agency's contractual obligations in terms of service comprise the permission to use the reserved holiday accommodation for the period of time stated on the customer's booking form. The scope of services follows from the description of the holiday property on the agency's website, in accordance with all explanations listed there, as well as any notes and information relating to this contained in the reservation confirmation. Special requests will be met where possible, but will only form an integral part of the contract if confirmed in writing by the agency.
5.2 All circumstances that are not directly related to the holiday property and the contractual services, in particular the area surrounding the holiday property, and snow, shoreline and local environmental conditions in the area where the holiday property is located, are not included in the agency's contractual obligations, except where the agency has an obligation to provide an explanation, information or a safety warning and this was negligently breached.
5.3 The number of people staying at a property must not exceed the maximum number of people stated for the property on the www.hiddenitaly.com website. Exceptions to this must be arranged separately with the agency and approved in writing. Should more people than allowed stay at the property without prior written notice from the customer and written approval from the agency, the agency and the landlord reserve the right to deny the customer the use of the holiday property including after the customer's arrival.
5.4 In the circumstances detailed in Clause 5.3, the entire rental payment for the holiday property will be retained or, if still outstanding, must be paid nevertheless on site.
5.5 The customer is responsible for their own travel arrangements to and from the holiday property. The customer is responsible for ensuring that all travel regulations are complied with, in particular passport, visa, customs and health regulations.
6. CANCELLATION BY THE CUSTOMER AND COMPENSATION
6.1 The customer can withdraw from the contract at any time. In the interests of the customer, it is strongly recommended to advise the agency of the cancellation in writing, thereby also providing proof.
6.2 Cancellation becomes effective on the day the customer's declaration of cancellation is received by the agency. The compensation claim will be estimated as a fixed amount, at a percentage rate of the rental price according to the cancellation date as per the following scale:
- 35% of the total rental cost if the cancellation occurs from the first day after the booking has been made until 154 days prior to the beginning of the rental period, less bank fees.
- 50% of the total rental cost for cancellations occurring between the 153rd and the 64th day prior to the beginning of the rental period, less bank fees.
- 100% of the total rental cost for cancellations occurring between the 63rd and the day of your arrival.
Any discounts which have been applied upon booking will not be considered in case of cancellation. Refunds on cancellations for any reasons whatsoever are not provided beyond that which is covered in the cancellation policy as stated above.
6.3 If the customer fails to arrive at the holiday property and has not expressly made a declaration of cancellation, the rental payment is still payable in full. The customer cannot claim a refund if they arrive later or depart earlier.
6.4 The customer is entitled to provide a substitute to come in their stead and who will assume all the rights and obligations in the contract concluded with the original customer. The agency must be informed of this immediately and sent the personal details of the replacement tenant (surname, first name, address, gender, date of birth and nationality).
6.5 There can be no reduction in the price for a retrospective reduction in the number of people once the booking has been finalised.
6.6 In the case of retrospective changes in the reservation confirmation/rental voucher (e.g. change of name or when the contract is being taken over by a substitute tenant), the agency may charge a processing fee of EUR 50.
6.7 If the accommodation or booking date is changed after the reservation confirmation has been issued, this is considered as a cancellation followed by a new booking.
6.8 The customer is strongly recommended to take out insurance covering the costs of cancelling the booking.
7.1 The agency guarantees and vouches for the conscientious processing of the rental agreement, the careful selection and checking of the accommodation and the accuracy of the description of the accommodation.
7.2 The landlord is liable for ensuring that the holiday accommodation is in a condition complying with the description on the website www.hiddenitaly.com. The property descriptions are as detailed and up-to-date as possible - subject to timely information about the current state of the property being supplied by the landlord. The agency can make a change to the details on the website www.hiddenitaly.com, and inform the customer thereof, at any time up until the conclusion of the contract. The agency does not vouch for the floor plans published on the website, as these are not exact diagrammatic drawings; the text descriptions, however, are authoritative. The Google Maps are only approximative; the exact address will be sent via email following receipt of the complete payment.
7.3 The customer is liable for any damage caused to the holiday accommodation by them or any other people in their party.
7.4 The agency has no liability for occasional power and water cuts, or for the trouble-free operational condition of electrical appliances and equipment such as heating, air conditioning, swimming pool, etc. or for service failures caused by third parties which are not directly connected with the holiday accommodation and the contractual services.
Please be also aware that in some areas, specially in the rural ones, the Internet connection can be slower than expected as fast broadband is available only in the major towns. Moreover speed and reception can vary depending on the distance from the modem, thickness of the walls, and the weather. The agency has no liability for occasional power cuts, or for the trouble-free operational condition of the Internet connection.
7.5 The agency will not be held liable nor provide refund, partial or otherwise, for amenities and services not provided or for miscellaneous reasons outside of the agency's control. Amenities and services not provided include - but are not limited to for example bike or boat rental, satellite television, ping-pong table tennis, fireplace, dishwasher, washing machine provided by the landlords and incidental appliances. Miscellaneous reasons include - but are not limited to - insects that have entered the house, an individuals particular perception of cleanliness, church bells, construction on site or nearby, dogs barking, cockerels crowing, tractors on farms, etc. The agency will have sole discretion to determine what amenities and services are considered to be essential to the operation of the villas and apartments.
7.6 The agency will not be held liable and will be otherwise held harmless for any events arising in law as a result of any delay(s), substitution(s), rescheduling(s), change(s), injury(ies), death(s), loss(es), inconvenience(s), damage(s) or cancellation(s) in the provision of accommodations or services provided by us for reasons of military action, revolutions, war, threat of war, riot or civil strife, natural disaster, fire, sickness, weather conditions, action at an airport or port by any government or public authority, technical problems relating to transport and airport regulations caused by technical, mechanical or electrical breakdowns or other circumstances as amounting to force majeure or acts of God or other similar events.
7.7 The agency is not liable for accidents and injuries suffered by the customer and other people in their party in the holiday accommodation or in the grounds belonging to the holiday accommodation where these are not resulting from wilful or grossly negligent action on the part of the agency. The agency is most notably not liable for damages caused by the customer or other people in their party by improper use or use in breach of the rules of the holiday accommodation and its facilities.
7.8 The agency is not liable for any personal losses and material damage suffered by the customer or other people in their party in the holiday accommodation or its facilities.
7.9 It is the customer's responsibility to inform the agency prior to booking of the age of all participants in the party as well as any medical conditions (allergies, heart conditions, mobility problems, etc.) or other special requirements in connection with the selected holiday accommodation. The holiday properties offered by the agency are not hotels, but chiefly privately-owned houses. As a result, their construction type and interior decor reflect the traditions typical of the region as well as the personal style and requirements of the owner. For this reason, not all holiday properties are suitable for older people, pregnant women, people with a disability, children or people whose height or weight is substantially above average. The agency will not acknowledge any objections if these or any similar issues have not been discussed prior to the booking and registered in writing together with the booking form.
7.10 Neither the agency nor the landlord are liable for any consequences of the behaviour of accompanying pets either inside or outside the rented holiday accommodation. The agency is also not obliged to take any precautions to ensure the safety of an accompanying pet. Even if it is stated in the description that the holiday property is surrounded by a fence, this does not mean that the fence is impregnable or that it is designed in such a way that it is impossible for the accompanying pet to leave the property. Neither the agency nor the landlord are liable for injuries, accidents or illnesses of a pet brought to the property by the customer. It is a requirement that the accompanying dog is insured and that the dog owner is informed that in 2003 the Italian Ministry of Health issued statutory regulations covering the breeds of dogs classed as dangerous by the Fédération Cynologique Internationale (international kennel club), which can be viewed on the page Declaration Of Accepting Responsibility For Your Pet see art. 5) and 6).
8. WARRANTY, CUSTOMER'S OBLIGATIONS, TERMINATION AND TIME LIMIT
8.1 The number of occupants of the holiday property must not exceed the maximum number of occupants as stated in the price list (including children and overnight visitors) and must correspond with the booking, as paid by the customer. It is imperative that the number of people stated by the agency on the reservation confirmation is adhered to. This number may not even be exceeded with overnight stays for additional people in the holiday property, the garden or anywhere on the premises. It is also not permitted to substitute guests without informing the agency. In the event that the maximum permitted number of occupants is exceeded - even if only temporarily - the agency can decide whether to turn away the extra people or charge an appropriate additional fee for the period concerned. This does not affect the agency's right to terminate the contract.
8.2 Even in holiday properties where the use of additional beds/infant cots is included in the rental price or is free, the use of these must be stated on the rental voucher, otherwise an extra charge will be levied at the property. All possible rearrangements of the beds (e.g. changing of twin bedrooms into double bedrooms and vice versa) must also be stated on the rental voucher, otherwise an extra charge will be levied at the property. The reorganization of furniture is not permitted.
8.3 Pets can only be brought to the holiday property if this has been agreed in advance in writing, even when the description of the holiday property states that pets are allowed in principle. Their number, type and size must be stated in writing. In the case of some holiday properties, it is necessary for the customer to sign a Declaration of Accepting Responsibility for the pet when registering it (see the form Declaration Of Accepting Responsibility For Your Pet), and it is forbidden to allow the pet on sofas, beds or in the swimming pool. If pets are not permitted, this does not mean that there will definitely be no pets in the holiday complex or that pets are never kept in the property which has been booked by the customer. This may be to do with the layout of a holiday complex including some private property owners who are not subject to regulations in this regard, or because the landlord of a rural property keeps a dog himself and wants to avoid conflicts with visiting dogs.
8.4 The customer and others in his party are bound by contract to treat the holiday property and everything on the inventory with due care and consideration. If any damage occurs during the rental period, the customer must immediately inform and where necessary reimburse the landlord or his local representative.
8.5 The customer who has signed the rental contract is responsible for ensuring the respectable and reasonable behaviour of the people in his group. If during the occupancy of the holiday property, despite a warning from the agency, the landlord or the landlord's local representative, the contract is continually breached by the customer or the customer behaves in a way that contravenes the contract to such an extent that the contract can be immediately justifiably cancelled, the agency or the landlord with express permission from the agency can terminate the contract without notice and ensure that the house is vacated by excluding the guests from the property. This applies in particular when, despite a warning, the guests continue to occupy the property in a way that contravenes the contract, particularly in the case of over-occupancy, or the house rules are broken or domestic peace is significantly disturbed or significant damage is caused to the holiday property either intentionally or through gross negligence. In any case where the agency issues an extraordinary termination without notice, the rental payment is still due in full.
8.6 In the event of the occurrence of any service or amenity failures, the customer is obliged to take all reasonable measures to help to rectify the failure and to minimise any potential damage that may occur.
8.7 If the agency does not provide a service or amenity or does not provide it as per the contract, the customer can request remedial action. If the customer notices defects in the holiday accommodation, the customer is legally obliged to advise the relevant parties of this immediately. The customer must pass on this information to the landlord or the landlord's local representative (generally the place where the key is collected) immediately after moving into the holiday property so that remedial action can be taken. In the unlikely case that the landlord or his representative are not contactable or remedial action is not forthcoming, complaints must be sent to the agency immediately so that appropriate action can be taken to validate the complaints and rectify the service failure or provide a replacement.
8.8 Should the customer be negligent and fail to inform the landlord or agency immediately of defects in the holiday property, the customer then has no basis for claims.
8.9 The landlord or his local representative are not authorised to acknowledge claims or to issue - with the exception of Clause 8.5 - and/or accept legal statements.
8.10 The agency is obliged to rectify the indicated defect within an appropriate time limit, insofar as this is possible and does not require any disproportionate expense. The agency is authorised to remedy the situation by providing an alternative service or amenity of equivalent or higher value. If it is not possible to remedy the situation via the provision of an alternative service or amenity, the customer can demand a reduction in the rental price.
8.11 If the holiday property which has been booked cannot be occupied according to contract as a result of circumstances arising after the conclusion of the contract, the agency is also authorised to remedy the situation by providing an alternative property of equivalent or higher value. The agency can, however, refuse to provide a solution where this would incur disproportionate expense. In this case, the liability of the agency is limited to a refund of any monies paid.
8.12 Should the customer want to claim against the agency on the basis of failure to provide a service according to contract, the claim must be lodged in written within one month of the end date of the occupancy of the property as stated in the contract. After the expiry of this deadline, claims can only be lodged if the customer was prevented by a hindrance from meeting the deadline through no fault of their own and the claim must then be lodged within four weeks of the cessation of the hindrance.
8.13 The prerequisite for the assertion of claims as per Clause 8.12 is that the contractual service due from the agency was not provided according to contract, that the customer informed the agency immediately of the defect, that the customer requested a remedy within an appropriate timeframe and that a satisfactory remedy was not arranged.
9. ADDITIONAL PROVISIONS FOR HOLIDAY PROPERTIES
9.1. The landlord or his local representative is authorised to request an appropriate deposit when handing over the key. The deposit must be provided in cash (euro) when the customer collects the key and will be returned in the same currency as long as there has been no damage to the holiday property. If the deposit is not provided, the landlord is entitled to deny the customer access to the property. In this event, the customer forfeits any monies already paid and has no right to a claim for compensation. After the keys to the holiday property have been handed back as required and following the settlement of all liabilities, the deposit is returned to the customer immediately. If the customer leaves the property early and does not adhere to the agreed departure date, the deposit will initially be retained. The deposit will be returned to the customer after his departure and after the house has been checked by the landlord, less any costs for any damage caused and/or for any unpaid service charges. The appraisal of the state of the house and the extent of the unpaid service charges is the sole responsibility of the landlord in this case. The refunding of the deposit does not affect any potential claims for damages made by the landlord. The agency reserves the right to pass on the customer's address details to the landlord in relation to this matter on the basis of Article 28, Paragraph 3 of the German Federal Data Protection Act (BDSG). The deposit and the final refund calculation are dealt with directly on site by the customer and the landlord or the landlord's local representative.
In case the deposit is requested by credit card pre-authorisation held by the agency prior to arrival (instead of payment in cash upon arrival), this is stated in the price list of the property listing.
9.2 On arrival, the customer must show their rental voucher as well as the passports or ID cards of all travel members so that the landlord or his local representative can register the guests with the Italian authorities as is required by Italian law.
9.3 The agreed rental price includes the services listed in the description of the offer. Variable costs which depend on the number of the people in the party, the profile of the party or on consumption (e.g. electricity, gas, heating, firewood and water) are in some cases paid to the landlord or the landlord's local representative according to usage. Fixed service charges which are not dependent on usage must be paid for on arrival. Usage-dependent charges (e.g. for heating, telephone, etc.) must be paid before departure. In the case of some holiday properties, security deposits for service charges (e.g. air conditioning, heating) are required and must be paid in cash on arrival. After the amount for the actual usage has been deducted, the remainder will be returned in cash on the customer's departure. The final settlement of service charges is dealt with directly at the property by the customer and the landlord or the landlord's local representative. Bath and bed linens are changed, unless otherwise stated, once a week (Saturdays).
9.4 At several properties special services are available on request. Customers requiring special services (e.g. extra maid service, laundry service, cook service) have to pay for those services directly at the end of each working day. Pre-arranged extra service(s) can be subject to a deposit payable in advance as a guarantee in the event of cancellation. The agency must receive the service request at the time of booking. Once requests have been made, a reduction in the number of hours (e.g. babysitter, maid service, etc.) or participants (e.g. meals) cannot be processed. Cancellation of services requires written notice to be received a minimum of 60 days prior to the rental date and will be subject to the charge of 50% of the cost of the pre-arranged extra service. Cancellation of services occurring between the 59th day prior to arrival and the day of your arrival will be subject to the charge of 100% of the cost of the pre-arranged extra service. These services are not guaranteed and are subject to change. The agency makes no representation as to the level or quality of the service (e.g. food ingredients or preparation). The employment of external third party service providers is subject to approval by the property owner. At some properties a standard first evening meal and/or an initial supply of groceries are included in the rental price. These included services are provided only on the day of arrival (i.e. they are not provided on a weekly basis in the case of longer bookings). The agency will not charge a fee for the organisation of the minimal service of an initial supply of groceries, but for any other service or for multiple services, a booking fee will be charged. For the organisation of any personalised service, a booking fee will be charged (amount depending on quantity and quality of the requested service). A handling fee will be charged for any change made to a service which has been booked.
9.5 The specified arrival and departure dates are binding. Requests for alterations must be submitted in writing and do not become legally effective until confirmation has been received from the agency. Unless otherwise stated in the description of the offer, the customer may not move into the holiday property before 4.00pm on the day of arrival, as the property will otherwise not be in a fit condition to be handed over. The customer must arrive by 7.00pm at the latest, otherwise the owner of the property is not obliged to allow the guests entry to the rental property on the same day. Guests arriving later must stay the night in a hotel at their own expense. If the customer's arrival is delayed, the customer must telephone the landlord. If checking-in is still permitted despite a delayed arrival or if checking-in has to be postponed, the landlord is entitled to charge a fee to cover his expenses for additional waiting time or an unplanned journey to the holiday property. Arrivals late at night or on Sundays are usually not possible. The holiday property must be vacated by 10.00am at the latest on the day of departure and must be handed over in a clean condition and with a complete inventory.
9.6 It is the responsibility of the customer to find out what parts of the garbage are recycable in the area of the holiday home, to divide it accordingly and bring it to the respective designated containers that are provided in the public area.
9.7 Please note: the charge for the final cleaning does not absolve the customer of the responsibility of cleaning the kitchen or kitchenette (including crockery and cutlery). The customer must ensure that these are clean for the handover. Should the state in which the customer leaves the property necessitate excessive cleaning (e.g. washing dishes, rubbish removal, shampooing or dry cleaning of soft furnishings or carpets, etc.), the landlord is entitled to claim for the additional costs in addition to the final cleaning fee. Even if no cleaning fee is anticipated, the customer must hand over the holiday property in a clean and orderly state. The landlord or his local representative reserve the right to enter the holiday property in order to carry out essential care and maintenance work (relating to the garden or swimming pool, etc.).
9.8 Please also note: In all Italian regions tourist tax is applied to the overnight stays of non-residents in the municipality. The rates of the tax, being determined by cities governments are also subjects to change. The taxable number of nights threshold varies from place to place as well as the exemptions. (Generally the amount is from 1.00 to 2.50 Euros per person/night, maximum 5/6 nights, minors up to 14 years free).
The rate of tourist tax at the individual locations is not specified in the house description by the agency. According to Italian laws the tourist tax should be paid directly by customers to the operator of the facility and cannot be prepaid by an agency. The tourist tax has to be paid to the landlord upon arrival. Information in this regard will be given in the holiday accommodation.
10. ALTERATIONS AND CANCELLATIONS BY THE AGENCY
Though it is unlikely the agency will have to make any changes to confirmed arrangements, it does occasionally happen and the agency will advise the customer at the earliest possible opportunity. If, for some unforeseen reason, a property that has been booked cannot be made available because it is either destroyed, uninhabitable due to structural damage or essential equipment and fixtures such as heating, electrical systems, plumbing or the hot water system being out of operation, or rented to another party in error, or is uninhabitable because it is not in working order as per these booking conditions, the agency will immediately attempt to find other accommodation of similar quality, cost and size. The price difference, if greater, must be paid by the customer, and, if smaller, will be reimbursed by the agency. If it is not possible to offer an equivalent or the customer refuses to rent the alternative accommodation, either side may terminate the booking contract. In this event the liability of the agency is limited to the reimbursement of payments made by the customer to the agency.
11. DATA PROTECTION
The agency agrees to use the data collected only for the purposes of the booked trip and for customer service, and only to pass it on to authorised third parties. The exception to this is any situation where there is an official or legal obligation to divulge this information. The terms of the German Federal Data Protection Act form part of the contract with the agency.
12. LIMITATION PERIOD
12.1 Any claims the customer has arising from the rental contract expire in twelve months. The limitation period starts on the day stated in the contract as being the day on which the stay in the rental property ends.
12.2 Any claims that the customer has arising from the trip in relation to the contract or its implementation cannot be transferred, no matter what the cause in law, to any third party, including spouses. The assertion of claims in the third party's own name is also not allowed.
12.3 The customer is not authorised to meet demands for payment of the price agreed on by offsetting counter claims, unless the counter claim is acknowledged or legally determined.
13. PLACE OF JURISDICTION AND MISCELLANEOUS PROVISIONS
13.1 In terms of the contractual relationship, German law applies exclusively. The place of jurisdiction is Bonn, Germany. For any legal proceedings started by the agency against the customer, Bonn is the sole place of jurisdiction, insofar as the customer is a businessperson (Vollkaufmann according to German law) or legal entity in private or public law or has no place of general jurisdiction in Germany.
13.2 All collateral agreements pertaining to the contract must be made in writing.
13.3 If one section of these terms is invalid, this does not affect the validity of the remaining terms.
To protect against cancellation caused by unforeseen events, such as illness in your family, strikes, last-minute problems and any other matters, we strongly urge you to purchase trip cancellation insurance, to provide recourse for deposits and balances paid. You may also wish to purchase health insurance. Policies can be arranged through your local travel agency.
For more information on getting insurance online, please visit the following websites:
www.travelinsured.com or www.travelguard.com (both links for U.S. residents or citizens only)
www.mondial-assistance-group.com/en/aboutus/presence.htm (for any other country/world wide)
Registered in Germany under: "DIE VERSTECKTE TOSKANA, Feriendomizile, Bettina Röhrig, e.K."
Logebachstr. 5, D-53639 Königswinter
Managing director: Bettina Röhrig